MILAN KALIDAS RAIKAR Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner herein Mrs. Milan Kalidas Raikar has filed this Writ Petition praying for a writ of habeas corpus in respect of her husband Kalidas Kashinath Raikar and impugning the order of detention dated 9-6-1986 under section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (No. 52 of 1974), hereinafter referred to as "the COFEPOSA Act", as also the Declaration dated 11-7-1986 issued under section 9(1) of the said Act.

(2.) The Administrator of Goa, Daman and Diu issued an order of detention dated 9-5-1986 against the said Kalidas Kashinath Raikar, hereinafter referred to as "the Detenu" detaining him in the Central Jail, Aguada, with a view to preventing him from abetting the smuggling of goods and also with a view to preventing him from engaging in transporting smuggled goods. This order was served on the detenu on 26-6-1986. Inasmuch as detenu was well-conversant with the English language, no translations were furnished to him.

(3.) The Additional Secretary to the Government of India issued a Declaration under section 9(1) of the COFEPOSA Act against the detenu as he was of the view that the detenu was likely to abet the smuggling of goods into and through the coast of Goa which was an area highly vulnerable to smuggling and was likely to engage to transporting smuggled goods in Patim and Mapusa which also was an area highly vulnerable to smuggling. The Declaration was served on the detenu on 19-7-1986.